Notice of Intent To Revise Scope of Draft Environmental Impact Statement for Updating the Water Control Manuals for the Apalachicola-Chattahoochee-Flint River Basin To Account for Federal District Court Ruling, 59965-59967 [E9-27787]
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Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices
The clause at DFARS 252.228–7005,
Accident Reporting and Investigation
Involving Aircraft, Missiles, and Space
Launch Vehicles, requires the contractor
to report promptly to the administrative
contracting officer all pertinent facts
relating to each accident involving an
aircraft, missile, or space launch vehicle
being manufactured, modified, repaired,
or overhauled in connection with the
contract.
The clause at DFARS 252.228–7006,
Compliance with Spanish Laws and
Insurance, requires the contractor to
provide the contracting officer with a
written representation that the
contractor has obtained the required
types of insurance in the minimum
amounts specified in the clause, when
performing a service or construction
contract in Spain.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E9–27851 Filed 11–18–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[OMB Control Number 0704–0434]
Information Collection Requirement;
Defense Federal Acquisition
Regulation Supplement; Radio
Frequency Identification Advance
Shipment Notices
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice and request for
comments regarding a proposed
extension of an approved information
collection requirement.
erowe on DSK5CLS3C1PROD with NOTICES
AGENCY:
SUMMARY: In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), DoD announces the
proposed extension of a public
information collection requirement and
seeks public comment on the provisions
thereof. DoD invites comments on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of DoD,
including whether the information will
have practical utility; (b) the accuracy of
the estimate of the burden of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
VerDate Nov<24>2008
15:22 Nov 18, 2009
Jkt 220001
automated collection techniques or
other forms of information technology.
The Office of Management and Budget
(OMB) has approved this information
collection for use through December 31,
2009. DoD proposes that OMB approve
an extension of the information
collection requirement, to expire 3 years
after the approval date.
DATES: DoD will consider all comments
received by January 19, 2010.
ADDRESSES: You may submit comments
identified by OMB Control Number
0704–0434, using any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@acq.osd.mil. Include
OMB Control Number 0704–0434 in the
subject line of the message.
Fax: (703) 602–7887.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Cassandra R.
Freeman, OUSD (AT&L) DPAP (DARS),
IMD3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to
https://www.regulations.gov, including
any person information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra R. Freeman, at (703) 602–
8383. The information collection
requirement addressed in this notice is
available on the World Wide Web at
https://www.acq.osd.mil/dpap/dars/
dfars/index.htm. Paper copies are
available from Ms. Cassandra R.
Freeman, OUSD (AT&L) DPAP (DARS),
IMD3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 211 and
related clause at 252.211; Radio
Frequency Identification Advance
Shipment Notices, OMB Control
Number 0704–0434.
Needs and Uses: DoD uses advance
shipment notices for the shipment of
material containing RFID tag data. DoD
receiving personnel use the advance
shipment notice to associate the unique
identification encoded on the RFID tag
with the corresponding shipment. Use
of the RFID technology permits DoD an
automated and sophisticated end-to-end
supply chain, which has increased
visibility of assets and permits delivery
of supplies to the warfighter more
quickly.
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59965
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Annual Burden Hours: 31,556.
Number of Respondents: 25,000.
Responses per Respondent: 3,981.
Annual Responses: 101,515,500.
Average Burden per Response:
Approximately 1.1 seconds.
Frequency: On Occasion.
Summary of Information Collection
The clause at DFARS 252.211–7006,
Radio Frequency Identification Advance
Shipment Notices, requires the
contractor to ensure that the data on
each passive RFID tag are unique and
conforms to the requirements that they
are readable and affixed to the
appropriate location on the specific
level of packaging in accordance with
MIL–STD–129 tag placement
specifications. The contractor shall
encode an approved RFID tag using the
appropriate instructions at the time of
contract award. Regardless of the
selected encoding scheme, the
contractor is responsible for ensuring
that each tag contains a globally unique
identifier. The contractor shall
electronically submit advance shipment
notices with the RFID tag identification
in advance of the shipment in
accordance with the procedures at
https://www.acq.osd.mil/log/rfid/
advance_shipment_ntc.htm.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E9–27853 Filed 11–18–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Notice of Intent To Revise Scope of
Draft Environmental Impact Statement
for Updating the Water Control
Manuals for the ApalachicolaChattahoochee-Flint River Basin To
Account for Federal District Court
Ruling
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
SUMMARY: Notice is hereby given that
the U.S. Army Corps of Engineers
(Corps), Mobile District, intends to
revise the scope of the Environmental
Impact Statement (EIS) for the Water
Control Manuals updates for the
Apalachicola-Chattahoochee-Flint
(ACF) River Basin in Alabama, Florida,
and Georgia, to account for a July 17,
2009 Federal court ruling. On July 17,
E:\FR\FM\19NON1.SGM
19NON1
erowe on DSK5CLS3C1PROD with NOTICES
59966
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices
2009, Judge Paul A. Magnuson issued a
memorandum and order in the case In
re Tri-State Water Rights Litigation
(M.D. Fla. No. 3:07-md-01), addressing
the Corps’ authority to provide water
supply benefits through its operation of
the Buford Dam/Lake Sidney Lanier
project. The Corps solicits comments
from interested persons regarding
significant new information and
circumstances introduced by the July
17, 2009, Order related to the scope of
the EIS in connection with the water
control manual updates. Public
comments will be considered in
preparation of the Draft EIS and updated
water control manuals.
A Notice of Intent (NOI) to prepare an
Environmental Impact Statement (EIS)
was published in the Federal Register
(73 FR 9780) on February 22, 2008. In
January 2009, after considering public
comments, the Corps published a Final
Scoping Report, Environmental Impact
Statement, Update of the ApalachicolaChattahoochee-Flint (ACF) River Basin,
in Alabama, Florida, and Georgia,
available at https://
www.sam.usace.army.mil/pa/acf-wcm/.
Any comments previously submitted
will be reviewed and addressed in any
scoping revisions. There is no need to
resubmit comments previously provided
during the 2008 scoping effort, unless in
your opinion the above-cited district
court decision necessitates additional
comments from you.
DATES: The public comment period will
commence with publication of this
notice, and will end 45 days after its
publication. This notice will also be
distributed to those who commented
during the original scoping period of
October-December 2008. This
distribution will occur by mail and/or email on or about the date of this notice.
No additional public scoping meetings
are planned. Comments on the scope of
the EIS, including concerns, issues, or
proposed alternatives that should be
considered in the EIS, should be
submitted in writing to (see ADDRESSES)
and will be accepted throughout the
public comment period. Comments may
also be submitted by using the
electronic comment form at: https://
www.sam.usace.army.mil/pa/acf-wcm/
mail_list.htm#form.
ADDRESSES: To facilitate the Master
Water Control Manual update, a support
contract has been awarded to Tetra
Tech, Inc. for preparation of the EIS and
additional scoping. Please mail written
comments to Tetra Tech, Inc., 107 Saint
Francis Street, Ste. 1403, Mobile, AL
36602–9986.
FOR FURTHER INFORMATION CONTACT:
Questions about the manual update or
VerDate Nov<24>2008
15:22 Nov 18, 2009
Jkt 220001
National Environmental Policy Act
(NEPA) process should be directed to:
Mr. Brian Zettle, Biologist, Environment
and Resources Branch, Planning and
Environmental Division, U.S. Army
Engineer District-Mobile, Post Office
Box 2288, Mobile, AL 36628–0001;
Telephone (251) 690–2115; or delivered
by electronic facsimile at (251) 694–
3815; or e-mail:
brian.a.zettle@usace.army.mil. You may
also request to be included on the
mailing list for public distribution of
notices, meeting announcements and
documents.
SUPPLEMENTARY INFORMATION: The Corps
is updating the water control plans and
manuals for the ACF Basin. This effort
will include an updated Master Water
Control Manual, containing plans for
the coordinated operation of the five
Federal reservoirs within the ACF basin
as a system, and updated Water Control
Manuals for each of those reservoirs,
containing plans for the operation of
those projects for their authorized
purposes. Collectively, these documents
may be referred to as the ‘‘water control
plans and manuals,’’ ‘‘water control
manuals,’’ or simply as the ‘‘Master
Water Control Manual,’’ which includes
the project-specific water control
manuals. The water control plans and
manuals will contain drought plans and
action zones to assist Federal water
managers in knowing when to reduce or
increase reservoir releases and conserve
storage in the Federal reservoirs and
how to ensure the safety of dams during
atypical conditions such as droughts
and floods. The draft EIS will assess
environmental impacts associated with
these updated operating criteria and
guidelines.
On July 17, 2009, Judge Paul A.
Magnuson issued a memorandum and
order in the Tri-State Water Rights
litigation available at https://
www.sam.usace.army.mil/pa/acf-wcm/
pdf/071709court_ruling.PDF. The
court’s ruling has introduced new
information and circumstances that bear
upon certain determinations reflected in
the Corps’ January 2009 Final Scoping
Report, to the extent that those
determinations included operating the
Lake Lanier/Buford Dam project to
support present or increased levels of
municipal and industrial water supply
withdrawals.
The court determined that the Corps
has exceeded its authority under the
project authorization and the Water
Supply Act of 1958 by operating the
Buford Dam/Lake Lanier project to
accommodate present levels of
withdrawals for water supply. The
court’s order states that ‘‘absent
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Congressional authorization or some
other resolution of this dispute’’ within
three years of July 17, 2009, ‘‘the
operation of Buford Dam will return to
the ’baseline’ operation of the mid1970s. Thus, the required off-peak flow
will be 600 cfs [cubic feet per second]
and only Gainesville and Buford will be
allowed to withdraw water from the
lake.’’ The order states that until that
time, ‘‘the parties may continue to
operate at current water-supply
withdrawal levels but should not
increase those withdrawals absent the
agreement of all other parties to this
matter.’’
As a result of this ruling, the Corps is
revising the scope of the EIS and water
control manual updates in the following
respects:
a. In updating the ACF water control
plans and manuals, which are expected
to be implemented in approximately
three years, i.e., in July 2012, the Corps
will consider only operations that are
within existing authority. The Corps
previously announced its intent to
update the plans and manuals ‘‘to
reflect current operations.’’ Because the
court has held that the Corps lacks
authority to continue to support present
levels of water supply withdrawals at
Lake Lanier or to reallocate storage to
accommodate those or additional
withdrawals, and because the court has
ordered that most withdrawals from
Lake Lanier must cease in 2012, the
Corps will update the plans and
manuals for operating the Lake Lanier
project in a manner that reflects the
court’s order. Thus, the Corps will not
continue to accommodate the present
level of withdrawals beyond July 2012,
nor will the Corps consider a
reallocation of storage for water supply
at Lake Lanier as part of the process for
updating the ACF water control plans
and manuals. Should the States and
other interested parties to In re Tri-State
Water Rights Litigation reach an
agreement that involves reallocation of
storage for water supply, the Corps
would be prepared to submit that
agreement to the Army and higher
Executive Branch authorities for
consideration and possible referral to
Congress. Should Congress enact
legislation authorizing additional water
supply at Lake Lanier, the Corps would
update its operations, plans and
manuals accordingly.
b. Pursuant to the court’s order, as of
July 17, 2012, the updated manuals will
reflect that water supply withdrawals
from Lake Lanier will be limited to the
amounts authorized by relocation
agreements with the Cities of
Gainesville and Buford, Georgia. Those
agreements, which were executed at the
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Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Notices
time of the reservoir’s construction,
authorize withdrawals of 8 million
gallons per day (mgd) for Gainesville
and 2 mgd for Buford, a combined 10
mgd.
c. Pursuant to the court’s order, as of
July 17, 2012, the updated manuals will
reflect that ‘‘the required off-peak flow
[at Buford Dam] will be 600 cfs.’’
Currently, peak hydropower demand at
Buford Dam typically occurs on
weekdays from 0500–0900 and 1500–
2200 between October 1 and March 31,
and on weekdays from 1300–1900
between April 1 and September 30.
When the Corps is not generating
hydropower to meet this peak demand,
the Corps will not release more than 600
cfs from Buford Dam to support water
supply withdrawals.
All other aspects described in the
notice of intent published in the Federal
Register (73 FR 9780) on February 22,
2008 remain the same. To satisfy its
obligations under NEPA, the Corps will
evaluate present circumstances as part
of its EIS, while acknowledging that it
currently lacks authority to continue to
accommodate present levels of water
supply at Lake Lanier beyond July 17,
2012.
Additional information on the ACF
River Basin and the Master Water
Control Manual Update process will be
posted on the Mobile District Web page
as it becomes available: https://
www.sam.usace.army.mil.
R. Daren Payne,
Lieutenant Colonel, Corps of Engineers,
Acting District Commander.
[FR Doc. E9–27787 Filed 11–18–09; 8:45 am]
BILLING CODE 3720–58–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
The Release of the Draft Environmental
Impact Statement (DEIS) for the Town
of Nags Head Proposed Beach
Nourishment Project in Dare County,
NC
erowe on DSK5CLS3C1PROD with NOTICES
AGENCY: Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice.
SUMMARY: The U.S. Army Corps of
Engineers (COE), Wilmington District,
Regulatory Division, has received a
request for Department of the Army
authorization, pursuant to Section 404
of the Clean Water Act and Section 10
of the Rivers and Harbors Act of 1899,
from the Town of Nags Head to dredge
up to 4.6 million cubic yards of beachquality sediment from an offshore
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15:22 Nov 18, 2009
Jkt 220001
borrow source, and deposit the material
along approximately 10 miles of ocean
shoreline in the Town of Nags Head.
The applicant proposes to utilize a
self-contained hopper dredge during a
proposed construction window from
April through September to undertake
the dredging operations and discharge
the sand on the beach via submerged
pipeline. The applicant’s proposed
borrow areas include sites identified as
having beach quality material in the
U.S. Army Corps of Engineers,
Wilmington District’s EIS, entitled Final
Feasibility Report and Environmental
Impact Statement on Hurricane
Protection and Beach Erosion Control,
dated September 2000 (USACE 2000).
DATES: Written comments on the Draft
EIS will be received until December 30,
2009.
ADDRESSES: Copies of comments and
questions regarding the Draft EIS may be
addressed to: U.S. Army Corps of
Engineers, Wilmington District,
Washington Regulatory Field Office.
ATTN: File Number 200640282, 2407
W. Fifth Street, Washington, NC 27889.
Copies of the Draft EIS can be reviewed
on the Wilmington District Regulatory
homepage at, https://
www.saw.usace.army.mil/wetlands/
regtour.htm, or contact Ms. Sharon
Barnett, at (910) 251–4555, to receive
written or CD copies of the Draft EIS.
FOR FURTHER INFORMATION CONTACT:
Questions about the proposed action
and DEIS can be directed to Mr. Raleigh
Bland, Project Manager, Regulatory
Division, telephone: (910) 251–4564.
SUPPLEMENTARY INFORMATION:
1. Project Description. The project site
is located off NC Highway 12, adjacent
to the Atlantic Ocean, in the Town of
Nags Head, Dare County, NC. The
proposed project totals approximately
10 miles of ocean shoreline beginning
approximately 1 mile from the town’s
northern limit and extending south to
the town line adjacent to the Cape
Hatteras National Seashore. The
proposed borrow area is located in the
Atlantic Ocean approximately 2–3 miles
offshore of the project site. The Town of
Nags Head encompasses approximately
11 miles of ocean shoreline on a barrier
island located at the northern end of
North Carolina’s Outer Banks. The
width of the berm of the island’s dune
system varies considerably with
location along the town’s beach and
with the season. Along most of the
project area, the winter berm is nonexistent due to continuing erosion
processes. Dune habitat is currently
decreasing due to excessive erosion of
the base or toe of the dunes by waves
that travel unimpeded over eroded wet
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
59967
beach to directly impact dunes. The
Town of Nags Head proposes to
excavate 4.6 million cubic yards of
beach-quality sediment from an offshore
borrow source, and deposit the material
along approximately 10 miles of ocean
shoreline owned by the Town of Nags
Head.
2. Proposed Action. The purpose of
the proposed action is to nourish the
Town of Nags Head’s ocean shoreline to
restore a protective beach, replace sand
lost during the period of delay in the
implementation of the Federal Dare
County Hurricane Protection and Beach
Erosion Control Project (USACE 2000),
and to help preserve property values
and the tax base of Dare County.
The proposed borrow area includes
portions of offshore areas identified by
the Corps of Engineers in the 2000
Federal Dare County Project. The
anticipated optimal equipment for
excavations will include ocean-certified,
self-contained hopper dredges. Such
equipment typically excavates shallow
trenches (approximately 2–3 foot
sections) in each pass (leaving narrow
undisturbed areas at the margin of each
cut), then travels to a buoyed pipeline
anchored close to shore. Discharge to
the beach is via submerged pipeline
across the surf zone, then by way of
shore-based pipe positioned along the
dry beach. Only a small area of the
Corps borrow area will be required to
provide up to 4.6 million cubic yards of
beach quality material. The applicant is
coordinating the specific area for use in
the proposed project with the Corps
with the following understanding: (1)
The final borrow area required for the
emergency beach nourishment project
can be limited to the equivalent of a 0.9
square-mile (approximately 575 acres)
area, (2) the borrow area used will be
contiguous rather than a series of small
impact areas, (3) once used, the borrow
area will no longer be available for use,
consistent with the Dare County Project,
and (4) the borrow area will be
delineated so as to avoid ongoing
biological monitoring stations
established by the Corps in connection
with the Dare County Project. The
project will be built in approximate 1–
2 mile sections, optimizing the
disposition of pipeline. Sections will be
pumped into place with the aid of
temporary dikes pushed up by
bulldozers in the surf zone. Daily
operations will impact approximately
500–1,000 linear feet of shoreline as
work progresses in either direction from
the submerged pipeline. Upon
completion of a section, the submerged
pipe and beach-building equipment will
be shifted to the next section. As
construction progresses, sections will be
E:\FR\FM\19NON1.SGM
19NON1
]]>Agencies
[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Notices]
[Pages 59965-59967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27787]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Notice of Intent To Revise Scope of Draft Environmental Impact
Statement for Updating the Water Control Manuals for the Apalachicola-
Chattahoochee-Flint River Basin To Account for Federal District Court
Ruling
AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. Army Corps of Engineers
(Corps), Mobile District, intends to revise the scope of the
Environmental Impact Statement (EIS) for the Water Control Manuals
updates for the Apalachicola-Chattahoochee-Flint (ACF) River Basin in
Alabama, Florida, and Georgia, to account for a July 17, 2009 Federal
court ruling. On July 17,
[[Page 59966]]
2009, Judge Paul A. Magnuson issued a memorandum and order in the case
In re Tri-State Water Rights Litigation (M.D. Fla. No. 3:07-md-01),
addressing the Corps' authority to provide water supply benefits
through its operation of the Buford Dam/Lake Sidney Lanier project. The
Corps solicits comments from interested persons regarding significant
new information and circumstances introduced by the July 17, 2009,
Order related to the scope of the EIS in connection with the water
control manual updates. Public comments will be considered in
preparation of the Draft EIS and updated water control manuals.
A Notice of Intent (NOI) to prepare an Environmental Impact
Statement (EIS) was published in the Federal Register (73 FR 9780) on
February 22, 2008. In January 2009, after considering public comments,
the Corps published a Final Scoping Report, Environmental Impact
Statement, Update of the Apalachicola-Chattahoochee-Flint (ACF) River
Basin, in Alabama, Florida, and Georgia, available at https://www.sam.usace.army.mil/pa/acf-wcm/. Any comments previously submitted
will be reviewed and addressed in any scoping revisions. There is no
need to resubmit comments previously provided during the 2008 scoping
effort, unless in your opinion the above-cited district court decision
necessitates additional comments from you.
DATES: The public comment period will commence with publication of this
notice, and will end 45 days after its publication. This notice will
also be distributed to those who commented during the original scoping
period of October-December 2008. This distribution will occur by mail
and/or e-mail on or about the date of this notice. No additional public
scoping meetings are planned. Comments on the scope of the EIS,
including concerns, issues, or proposed alternatives that should be
considered in the EIS, should be submitted in writing to (see
ADDRESSES) and will be accepted throughout the public comment period.
Comments may also be submitted by using the electronic comment form at:
https://www.sam.usace.army.mil/pa/acf-wcm/mail_list.htm#form.
ADDRESSES: To facilitate the Master Water Control Manual update, a
support contract has been awarded to Tetra Tech, Inc. for preparation
of the EIS and additional scoping. Please mail written comments to
Tetra Tech, Inc., 107 Saint Francis Street, Ste. 1403, Mobile, AL
36602-9986.
FOR FURTHER INFORMATION CONTACT: Questions about the manual update or
National Environmental Policy Act (NEPA) process should be directed to:
Mr. Brian Zettle, Biologist, Environment and Resources Branch, Planning
and Environmental Division, U.S. Army Engineer District-Mobile, Post
Office Box 2288, Mobile, AL 36628-0001; Telephone (251) 690-2115; or
delivered by electronic facsimile at (251) 694-3815; or e-mail:
brian.a.zettle@usace.army.mil. You may also request to be included on
the mailing list for public distribution of notices, meeting
announcements and documents.
SUPPLEMENTARY INFORMATION: The Corps is updating the water control
plans and manuals for the ACF Basin. This effort will include an
updated Master Water Control Manual, containing plans for the
coordinated operation of the five Federal reservoirs within the ACF
basin as a system, and updated Water Control Manuals for each of those
reservoirs, containing plans for the operation of those projects for
their authorized purposes. Collectively, these documents may be
referred to as the ``water control plans and manuals,'' ``water control
manuals,'' or simply as the ``Master Water Control Manual,'' which
includes the project-specific water control manuals. The water control
plans and manuals will contain drought plans and action zones to assist
Federal water managers in knowing when to reduce or increase reservoir
releases and conserve storage in the Federal reservoirs and how to
ensure the safety of dams during atypical conditions such as droughts
and floods. The draft EIS will assess environmental impacts associated
with these updated operating criteria and guidelines.
On July 17, 2009, Judge Paul A. Magnuson issued a memorandum and
order in the Tri-State Water Rights litigation available at https://www.sam.usace.army.mil/pa/acf-wcm/pdf/071709court_ruling.PDF. The
court's ruling has introduced new information and circumstances that
bear upon certain determinations reflected in the Corps' January 2009
Final Scoping Report, to the extent that those determinations included
operating the Lake Lanier/Buford Dam project to support present or
increased levels of municipal and industrial water supply withdrawals.
The court determined that the Corps has exceeded its authority
under the project authorization and the Water Supply Act of 1958 by
operating the Buford Dam/Lake Lanier project to accommodate present
levels of withdrawals for water supply. The court's order states that
``absent Congressional authorization or some other resolution of this
dispute'' within three years of July 17, 2009, ``the operation of
Buford Dam will return to the 'baseline' operation of the mid-1970s.
Thus, the required off-peak flow will be 600 cfs [cubic feet per
second] and only Gainesville and Buford will be allowed to withdraw
water from the lake.'' The order states that until that time, ``the
parties may continue to operate at current water-supply withdrawal
levels but should not increase those withdrawals absent the agreement
of all other parties to this matter.''
As a result of this ruling, the Corps is revising the scope of the
EIS and water control manual updates in the following respects:
a. In updating the ACF water control plans and manuals, which are
expected to be implemented in approximately three years, i.e., in July
2012, the Corps will consider only operations that are within existing
authority. The Corps previously announced its intent to update the
plans and manuals ``to reflect current operations.'' Because the court
has held that the Corps lacks authority to continue to support present
levels of water supply withdrawals at Lake Lanier or to reallocate
storage to accommodate those or additional withdrawals, and because the
court has ordered that most withdrawals from Lake Lanier must cease in
2012, the Corps will update the plans and manuals for operating the
Lake Lanier project in a manner that reflects the court's order. Thus,
the Corps will not continue to accommodate the present level of
withdrawals beyond July 2012, nor will the Corps consider a
reallocation of storage for water supply at Lake Lanier as part of the
process for updating the ACF water control plans and manuals. Should
the States and other interested parties to In re Tri-State Water Rights
Litigation reach an agreement that involves reallocation of storage for
water supply, the Corps would be prepared to submit that agreement to
the Army and higher Executive Branch authorities for consideration and
possible referral to Congress. Should Congress enact legislation
authorizing additional water supply at Lake Lanier, the Corps would
update its operations, plans and manuals accordingly.
b. Pursuant to the court's order, as of July 17, 2012, the updated
manuals will reflect that water supply withdrawals from Lake Lanier
will be limited to the amounts authorized by relocation agreements with
the Cities of Gainesville and Buford, Georgia. Those agreements, which
were executed at the
[[Page 59967]]
time of the reservoir's construction, authorize withdrawals of 8
million gallons per day (mgd) for Gainesville and 2 mgd for Buford, a
combined 10 mgd.
c. Pursuant to the court's order, as of July 17, 2012, the updated
manuals will reflect that ``the required off-peak flow [at Buford Dam]
will be 600 cfs.'' Currently, peak hydropower demand at Buford Dam
typically occurs on weekdays from 0500-0900 and 1500-2200 between
October 1 and March 31, and on weekdays from 1300-1900 between April 1
and September 30. When the Corps is not generating hydropower to meet
this peak demand, the Corps will not release more than 600 cfs from
Buford Dam to support water supply withdrawals.
All other aspects described in the notice of intent published in
the Federal Register (73 FR 9780) on February 22, 2008 remain the same.
To satisfy its obligations under NEPA, the Corps will evaluate present
circumstances as part of its EIS, while acknowledging that it currently
lacks authority to continue to accommodate present levels of water
supply at Lake Lanier beyond July 17, 2012.
Additional information on the ACF River Basin and the Master Water
Control Manual Update process will be posted on the Mobile District Web
page as it becomes available: https://www.sam.usace.army.mil.
R. Daren Payne,
Lieutenant Colonel, Corps of Engineers, Acting District Commander.
[FR Doc. E9-27787 Filed 11-18-09; 8:45 am]
BILLING CODE 3720-58-P
